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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1036 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1036

     To require the Secretary of the Interior and the Secretary of 
    Agriculture to provide certain Western States assistance in the 
  development of statewide conservation and management plans for the 
protection and recovery of sage-grouse species, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 22, 2015

Mr. Gardner (for himself, Mr. Hatch, Mr. Heller, Mr. Crapo, Mr. Risch, 
    Mr. Enzi, Mr. Lee, Mr. Daines, and Mr. Barrasso) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 A BILL

 
     To require the Secretary of the Interior and the Secretary of 
    Agriculture to provide certain Western States assistance in the 
  development of statewide conservation and management plans for the 
protection and recovery of sage-grouse species, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sage-Grouse Protection and 
Conservation Act''.

SEC. 2. GREATER SAGE-GROUSE PROTECTION AND CONSERVATION MEASURES.

    (a) Purposes.--The purposes of this section are--
            (1) to allow States--
                    (A) to determine the appropriate management of 
                sage-grouse species according to State-created 
                conservation and management plans that address the key 
                threats to sage-grouse species and the habitat of sage-
                grouse species within the States; and
                    (B) to demonstrate that those Statewide plans can 
                protect and recover sage-grouse species within the 
                States; and
            (2) to require the Secretary to implement recommendations 
        contained in Statewide plans for the management of sage-grouse 
        species and the habitat of sage-grouse species on Federal land.
    (b) Definitions.--In this section:
            (1) Covered western state.--The term ``covered Western 
        State'' means each of the States of California, Colorado, 
        Idaho, Montana, Nevada, North Dakota, Oregon, South Dakota, 
        Utah, Washington, and Wyoming.
            (2) National forest system land.--The term ``National 
        Forest System land'' means the Federal land within the National 
        Forest System, as described in section 11(a) of the Forest and 
        Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 
        1609(a)).
            (3) Public land.--The term ``public land'' has the meaning 
        given the term ``public lands'' in section 103 of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1702).
            (4) Sage-grouse species.--The term ``sage-grouse species'' 
        means--
                    (A) the greater sage-grouse (Centrocercus 
                urophasianus) (including all distinct population 
                segments); and
                    (B) the Gunnison sage-grouse (Centrocercus 
                minimus).
            (5) Secretary.--The term ``Secretary'' means--
                    (A) the Secretary of Agriculture, with respect to 
                National Forest System land; and
                    (B) the Secretary of the Interior, with respect to 
                public land.
            (6) Statewide plan.--The term ``Statewide plan'' means a 
        conservation and management plan or plans developed and 
        submitted to the Secretary by a covered Western State for the 
        protection and recovery of any sage-grouse species and the 
        habitat of the sage-grouse species within the covered Western 
        State in response to invitations from the Secretary of the 
        Interior in December 2011 to submit to the Secretary those 
        plans.
    (c) Participation in State Planning Process.--
            (1) List of designees.--
                    (A) In general.--Not later than 30 days after that 
                date of receipt from a covered Western State of a 
                notice described in subparagraph (B), the Secretary 
                shall provide to the Governor of the covered Western 
                State a list of designees of the Department of the 
                Interior or the Department of Agriculture, as 
                applicable, who will represent the Secretary in 
                assisting in the development and implementation of the 
                Statewide plan.
                    (B) Description of notice.--
                            (i) In general.--A notice referred to in 
                        subparagraph (A) is a notice that a covered 
                        Western State--
                                    (I) is initiating, or has 
                                previously initiated, development of a 
                                Statewide plan in accordance with 
                                clause (ii); or
                                    (II) has previously submitted to 
                                the Secretary a Statewide plan in 
                                accordance with clause (ii).
                            (ii) Contents.--A notice under this 
                        subparagraph shall include--
                                    (I) an invitation to the Secretary 
                                to participate in the development or 
                                implementation of the Statewide plan of 
                                the applicable covered Western State; 
                                and
                                    (II) a statement that the covered 
                                Western State--
                                            (aa) has prepared or will 
                                        prepare, by not later than 1 
                                        year after the date of 
                                        submission of the notice, a 
                                        Statewide plan that will 
                                        protect and manage sage-grouse 
                                        species and the habitat of 
                                        sage-grouse species to the 
                                        point that designation of sage-
                                        grouse species as a threatened 
                                        or endangered species under the 
                                        Endangered Species Act of 1973 
                                        (16 U.S.C. 1531 et seq.) is no 
                                        longer necessary in the covered 
                                        Western State; and
                                            (bb) will--

                                                    (AA) collect 
                                                monitoring data such as 
                                                sage-grouse species 
                                                population trends, fuel 
                                                reduction, predator 
                                                control, invasive 
                                                species control, the 
                                                condition of sage-
                                                grouse species habitat, 
                                                or other parameters 
                                                that address the 
                                                primary threats to 
                                                sage-grouse species in 
                                                the covered Western 
                                                State to address how 
                                                the threats identified 
                                                in the Statewide plan 
                                                are being reduced and 
                                                how the objectives 
                                                identified in the 
                                                Statewide plan are 
                                                being met; and

                                                    (BB) provide to the 
                                                Secretary relevant data 
                                                regarding the health of 
                                                sage-grouse species 
                                                populations, the 
                                                condition of sage-
                                                grouse species habitat, 
                                                and activities relating 
                                                to the implementation 
                                                of the Statewide plan 
                                                on an annual basis 
                                                under this section.

                            (iii) Timing.--To be eligible to 
                        participate in a planning process under this 
                        section, not later than 120 days after the date 
                        of enactment of this Act, a covered Western 
                        State shall submit to the Secretary a notice 
                        described in subparagraph (B).
            (2) Access to information.--Not later than 60 days after 
        the date of receipt from a covered Western State of a notice 
        described in paragraph (1)(B), the Secretary shall provide to 
        the covered Western State all relevant scientific data, 
        research, and information regarding sage-grouse species and 
        habitat within the covered Western State for use by appropriate 
        State personnel to assist the covered Western State in the 
        development and implementation of the Statewide plan.
    (d) Recognition of Statewide Plan.--Notwithstanding any other 
provision of law or equity, if the Secretary receives from a covered 
Western State a Statewide plan by the date that is 1 year after the 
date of receipt of a notice under subsection (c)(1) from the covered 
Western State, the Secretary shall--
            (1) when taking any action that could impact the sage-
        grouse species or the habitat of the species, manage all public 
        land and National Forest System land within the covered Western 
        State in accordance with the Statewide plan for a period of not 
        less than 6 years, beginning on the date of submission to the 
        Secretary of the Statewide plan in accordance with this 
        section;
            (2) annually--
                    (A) review the Statewide plan using the best 
                available science and data, using the objectives and 
                goals contained in the Statewide plan as a measure of 
                success; and
                    (B) provide to the Governor of the covered Western 
                State recommendations regarding improvement of the 
                Statewide plan;
            (3) use the Statewide plan as the basis for all relevant 
        determinations under the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.);
            (4) permit and assist the covered Western State to 
        implement adaptive management, if required by the Statewide 
        plan, to respond to sage-grouse species conditions as indicated 
        by monitoring data, meteorological conditions, or fire or other 
        events necessitating adaptation of the Statewide plan;
            (5) require the covered Western State to submit to the 
        Secretary annual reports regarding the implementation of the 
        Statewide plan, including relevant data regarding--
                    (A) actions carried out pursuant to the Statewide 
                plan; and
                    (B) population trends, fuel reductions, predator 
                control, invasive species control, the condition of 
                sage-grouse habitat, and other parameters that address 
                the primary threats to sage-grouse species in the 
                covered Western State;
            (6) require the covered Western State--
                    (A) to monitor appropriate sage-grouse species and 
                habitat data for a period of not less than 5 years, 
                beginning on the date of submission of the Statewide 
                plan; and
                    (B) to submit to the Secretary, not later than 6 
                years after the date of submission of the Statewide 
                plan and in accordance with applicable scientific 
                protocols, a report that includes--
                            (i) a description of the status of 
                        implementation of the Statewide plan and 
                        progress made in achieving the objectives and 
                        goals of the Statewide plan, including relevant 
                        data regarding sage-grouse species population 
                        trends, fuel reductions, predator control, 
                        invasive species control, the condition of 
                        sage-grouse species habitat, and other 
                        parameters that address the primary threats to 
                        sage-grouse in the covered Western State;
                            (ii) an estimate of additional time needed, 
                        if any, for implementation of the Statewide 
                        plan; and
                            (iii) necessary modifications to the 
                        Statewide plan to enhance the achievement of 
                        the objectives and goals of the Statewide plan; 
                        and
            (7) assist the covered Western State in monitoring and 
        collecting relevant data on Federal land to assess sage-grouse 
        species population trends, fuel reductions, predator control, 
        invasive species control, the condition of sage-grouse species 
        habitat, and other parameters that address the primary threats 
        to sage-grouse in the covered Western State.
    (e) Secretarial Actions.--Notwithstanding any other provision of 
law, not later than 30 days after the date of receipt of a Statewide 
plan under this section, and annually thereafter during the period in 
which the Secretary determines that the applicable covered Western 
State is implementing the Statewide plan, the Secretary shall--
            (1) take necessary steps to maintain or restore the 
        candidate species status for any sage-grouse species in the 
        covered Western State under the Endangered Species Act of 1973 
        (16 U.S.C. 1531 et seq.), for a period of not less than 6 
        years--
                    (A) to allow for appropriate monitoring and 
                collection of data; and
                    (B) to assess the achievement of the objectives of 
                the Statewide plan;
            (2) stay any land use planning activities relating to 
        Federal management of sage-grouse species on public land or 
        National Forest System land within the covered Western State;
            (3) take immediate action to amend all Federal land use 
        plans under the Federal Land Policy and Management Act of 1976 
        (43 U.S.C. 1701 et seq.) and the Forest and Rangeland Renewable 
        Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.) to 
        comply with the Statewide plan with respect to that covered 
        Western State;
            (4) manage all public land and National Forest System land 
        with habitat for any sage-grouse species in the covered Western 
        State in a manner consistent with sections 102(a)(12) and 
        103(c) of the Federal Land Policy and Management Act of 1976 
        (43 U.S.C. 1701(a)(12), 1702(c)) and section 4 of the Forest 
        and Rangeland Renewable Resources Planning Act of 1974 (16 
        U.S.C. 1602);
            (5) immediately reverse any withdrawals or land use 
        restrictions carried out for purposes of protecting or 
        conserving sage-grouse on public land or National Forest System 
        land that are not consistent with a Statewide plan; and
            (6) use State annual reports regarding the implementation 
        of the Statewide plans submitted to the Secretary under 
        subsection (d)(5) to prepare the annual Candidate Notice of 
        Review of the Secretary pursuant to section 4 of the Endangered 
        Species Act of 1973 (16 U.S.C. 1533).
    (f) Existing State Plans.--The Secretary shall--
            (1) give effect to a Statewide conservation and management 
        plan for the protection and recovery of sage-grouse species 
        within a covered Western State that is submitted by the covered 
        Western State and approved or endorsed by the United States 
        Fish and Wildlife Service before the date of enactment of this 
        Act; and
            (2) for purposes of subsections (d) and (e), treat such a 
        plan as a Statewide plan in accordance with that subsection.
    (g) Actions Pursuant to NEPA.--An action proposed to be carried out 
pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) in a covered Western State may not be denied or 
restricted solely on the basis of the presence or protection of sage-
grouse species in the covered Western State, if the action is 
consistent with the Statewide plan of the covered Western State.
    (h) Authority To Extend Plan Implementation.--On review of the 
report of a covered Western State under subsection (d)(6)(B), the 
Secretary may extend the provisions of this Act for a period not to 
exceed an additional 6 years with the consent of the covered Western 
State.

SEC. 3. RANGELAND FIRE PREVENTION, MANAGEMENT, AND RESTORATION.

    The Secretary of the Interior shall for a period of not less than 6 
years, beginning on the date of enactment of this Act, fully implement 
the order of the Secretary numbered 3336 and dated January 5, 2015, to 
prevent and suppress rangeland fire and restore sagebrush landscapes 
impacted by fire across the Western United States, including 
controlling the spread of invasive species in landscapes impacted by 
fire.
                                 <all>
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